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By accessing and using the Site, you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed on to which you may be directed in connection with any particular service (collectively the “Terms and Conditions”), which may be posted by TM on the Site from time to time whether you are a "visitor" (which means that you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered). All such modifications will be effective upon posting on the Site and any use by you of the Site after the posting of any such modification will constitute your agreement to that modification.
Certain of the services and related features, such as access to the Site, personalization, web hosting and webmail that are made available over the Site may require registration. Should you choose to register for such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to update such information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Site, and (b) all activities that occur under such personal identification number or password. Further, you agree to notify TM of any unauthorized use of your personal identification number or password. TM shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your non-compliance of this Clause.
In cases where you have authorized a minor to use the Site or any of the services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site and any such services; and (iii) the consequences of any misuse of the Site and any such services by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
Unless otherwise indicated, TM owns and retains all proprietary rights in the Site. All registered or unregistered trademarks used on the Site are the property of their respective owners. The Site contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of TM and our licensors. Except as provided within this Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, license, decompile, reverse engineering or otherwise use any content, material, software, applications or programs used in connection with the Site. Further, you agree not to modify, alter or deface any of the trademarks or other intellectual property made available through the Site not use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to you through the Site.
You acknowledge and agree that your correspondence or business dealings with any third parties, including the participating companies, reward providers, merchants or advertisers, found on, or through, the Site and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. TM assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases from or other transactions with such third parties. Further, you are responsible for ensuring compliance with all applicable laws in connection with all such dealings and transactions. You agree that TM shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
By publishing, displaying or uploading any content on or to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to TM an irrevocable, perpetual, non exclusive, fully-paid and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content and to prepare derivative works of, or incorporate into other works, such content and to grant and authorize sublicenses of the foregoing, including, without limitation, through the applications, widgets, websites or mobile, desktop or other services, in any media formats and through any media channels. You represent and warrant that: (i) you own the content posted by you on, through or in connection with the Site, (ii) the posting of your content on, through or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) you shall not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.
By using this Site, you hereby agree not to post any material which contains, comprises of, relates to and/or may be construed as, including but is not limited to, content that, in the sole discretion of TM (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, excessive violence, or offensive subject matter; (e) publicly posts information that poses or creates a privacy or security risk to any person; (f) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (g) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (h) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or spamming; (i) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (j) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (k) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (l) involves commercial activities and/or sales without prior written consent from TM such as contests, sweepstakes, barter, advertising, or pyramid schemes; (m) includes a photograph or video of another person that you have posted without that person's consent; (n) for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive content intended to draw traffic to the profile; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
You hereby agree not to involve, contribute, participate, engaging in any kind of activity that is illegal or prohibited on the Site. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any person to buy or sell any products or services through the unauthorized or impermissible use of TM. You may not transmit any chain letters or junk email to other person; (c) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site; (d) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (e) covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page or any other means; (f) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; (g) impersonating or attempting to impersonate the Site; (h) selling or otherwise transferring your profile, your email address or URL; (i) using or distributing any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same; (j) displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person; (k) relaying email from a third party's mail servers without the permission of that third party; (l) using invalid or forged headers to disguise the origin of any content, or otherwise misrepresenting yourself or the source of any message or content; (m) engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or (n) using the Site in a manner inconsistent with any applicable laws, regulations and by-laws, social customs, practices, political systems and religious beliefs.
Even though all of the above content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.TM reserves the right to investigate and take appropriate legal action against anyone who, in TM's sole discretion, violates this provision, including, without limitation, reporting such activity or content to law enforcement authorities.
TM is not responsible for any incorrect or inaccurate content posted on the Site, whether made or caused by the participating companies, reward providers, merchants or advertisers or by any of the equipment or programming associated with or utilized in the operation of the Site. TM is not responsible for the conduct, whether online or offline, of any member or other user of the Site. Under no circumstances will TM be responsible for any loss, liability or damage, including personal injury or death or property damage, resulting from or arising out of anyone's use of the Site, any content posted on the Site or transmitted to members or other users or any interactions between or among members or other users of the Site, whether online or offline. TM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user. TM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. TM is not responsible for any injury or damage to any computer equipment belonging to any user of the Site or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site. The Site is provided "AS IS", “WHERE IS” and “IS AVAILABLE” basis, except as otherwise prohibited by applicable law, TM expressly disclaims any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. TM cannot guarantee and do not promise any specific results from use of the Site. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall TM be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if TM has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Site any changes to the Site and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Site or arising in connection with the fraudulent or unlawful acts of any third party. You specifically agree that TM is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Site, the materials available on or through the Site or with the provisions of these Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the Site.
The Site generates ‘cookies’, which are collected by web-servers to enable them to recognize your future visits. The Site uses only ‘non-persistent cookies’ or ‘per-session cookies’ which serves technical purposes like switching the languages of the Site. These cookies do not permanently record data and they are not stored on your computer’s hard drive. Once you close your browser, the cookie is deleted.
You acknowledge and agree that if, TM believes that you have violated any of the Terms and Conditions, TM, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Site or any of the services, and remove and discard any information or content that you posted to or transmitted using the Site. You further agree that TM shall not be liable to you or to any other person as a result of any such suspension or termination.
You agree to defend, indemnify and hold TM, its subsidiaries, participating companies, reward providers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of the Site or any of the services, or (c) placement, posting or transmission of any message, information, software or other content on the Site.
If any provision of these Terms and Conditions are held invalid, the remainder will continue in full force and effect, and if any provision(s) is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. These Terms and Conditions shall not be construed against any party as the principal draftsperson hereof. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. TM's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by TM in writing.
The Terms and Conditions are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and TM regarding the Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Site shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by TM in and from Malaysia.